Liquidators

Pitcher partner repels FEG probe into Apex

Pitcher Partners WA chief Bryan Hughes. Pitcher Partners’ Bryan Hughes has fended off a bid in the West Australian Supreme Court to raise doubts about the adequacy of his investigations as liquidator of Apex Minerals and Apex Gold. Hughes was appointed voluntary administrator (VA) of Apex Minerals and its wholly owned subsidiary Apex Gold in June 2013. The same day Hughes was appointed – June…


Judge labels ASIC vexatious as inquiry bid quashed

Don’t be fooled he’s thrilled. Liquidator David Hurst (R) with lawyer Joe Scarcella. An application for a judicial inquiry into the conduct of Andrew Wily and David Hurst has been dismissed with the judge describing the corporate regulator’s pursuit of Wily as vexatious. Delivering judgment in the NSW Supreme Court yesterday, Justice Paul Brereton apologised for the time it had taken him to provide a…


Merhis Group insolvencies expose potential rifts

O’Brien Palmer’s Daniel Frisken. There’s a bale or two of hay to be made from the misfortunes, if we can call them that, of the Merhis Construction Group, but they’ll likely feed enmity amongst appointees too before this saga’s through. As was reported by the Australian Financial Review’s Larry Schlesinger yesterday, O’Brien Palmer’s (OBP) Liam Bailey and Chris Palmer are chasing as much as $6…


PKF partner crosses swords with bar baron

PKFs’ Trent Hancock. Trent Hancock will have to divulge details of a litigation funding agreement after a Federal Court judge ruled that Shadd Danesi was entitled to see aspects of the agreement in respect of proceedings Hancock has commenced to recover $6.4 million from the bar baron. Hancock – in his capacity as liquidator of South Townsville Developments – is trying to recover the funds…


David Leigh sentenced to seven years

Ex-PPB Advisory partner David John Leigh. Former PPB Advisory Brisbane partner David John Leigh, 56 of Sherwood in Queensland has been sentenced to seven years gaol after pleading guilty late last year to stealing $800,000. Leigh was sentenced last Friday in the Brisbane Magistrates Court and must serve a minimum 22 months before being eligible for parole. The three charges relate to the theft of…


Tax boss yet to pin down liquidator on inquiry question

Veritas Advisory’s David Iannuzzi. Despite various decisions in its favour, including most recently in February before the Federal Court of Appeal, the Commissioner of Taxation (CoT) has even now, more than 18 months after this action was commenced, yet to fully secure its bid for an inquiry into the conduct of Sydney liquidator, David Iannuzzi. Observers of this slow march to uncertainty would be forgiven…


Rhodes & Beckett liquidators defend appointment

Worrells’ Nick Malanos. Nick Malanos and Adam Farnsworth have been forced to confirm their appointments as liquidators of two companies formed to operate the business of Rhodes & Beckett after the private equity group that bankrolled the ailing retailer out of administration in 2017 claimed those doing the appointing weren’t valid directors. NSW Supreme Court judge Kelly Reeves yesterday ruled that Malanos and Farnsworth, who…


ATO case against liquidator takes a hit

Brooke Bird’s Robyn Erskine. The Federal Court of Appeal yesterday dismissed an application by North Shore Property Developments (NSPD) liquidator Robyn Erskine in what represents a potential setback for the ATO in its pursuit of Erskine’s predecessor, Sydney liquidator David Iannuzzi. In Erskine as liquidator of North Shore Property Developments Pty Ltd (in liq) v 72-74 Gordon Crescent Lane Cove Pty Ltd [2019] FCAFC 62…


Worrells’ Glavas belted over proofs of debt

Hamilton Murphy’s Stephen Dixon. Worrells’ Ivan Glavas. Worrells Melbourne partner Ivan Glavas has come in for some serious stick from a Victorian Supreme Court judge for adjudicating on proofs of debt in a way that led to a resolution to wind up a company being carried when in the normal course that outcome would’ve been defeated. Notwithstanding that the company was almost certainly insolvent, in…


ATO backs another Iannuzzi-related action

Brooke Bird’s Robyn Erskine. Veritas Advisory principal David Iannuzzi. It’s well documented that Sydney liquidator David Iannuzzi is defending an action brought by the Commissioner of Taxation (CoT) that aims to end his career. Now a new front in that war has been potentially opened following belated approval of a funding agreement between the CoT and Melbourne-based liquidator Robyn Erskine. In the Federal Court yesterday…